Up to 7 years jail, asset seizure: Maharashtra's new bill to curb Left-wing extremism

The bill will come into effect once it receives the Governor’s assent.

The Maharashtra legislature, on Friday, passed a sweeping new law aimed at cracking down on Left-wing extremist activities in the state.

The Maharashtra Special Public Security Bill, 2024, was cleared by the Legislative Assembly on Thursday and the Legislative Council on Friday.

It will come into effect once it receives the Governor’s assent.

The legislation introduces strict penalties, including imprisonment of up to seven years and fines of up to Rs 5 lakh for individuals involved in or supporting activities of organisations designated as “unlawful.”

It should be noted here that all offences under this law are classified as cognisable and non-bailable, thus the police can arrest without a warrant and bail is not guaranteed by courts.

According to the bill, the most serious offences, such as committing, aiding, or planning unlawful acts on behalf of banned organisations, carry a sentence of two to seven years in prison and significant fines.

In addition, even individuals not formally associated with these groups, but who contribute funds, raise money, or offer shelter to members, may face up to two years in prison and a fine of Rs 2 lakh.

The bill now empowers the state government to declare any organisation unlawful if it is found to promote violence, disrupt public order, incite disobedience to law, or interfere with communication systems. Hereafter, once banned, the state can seize the organisation’s properties, freeze its funds, and take possession of buildings or assets linked to its operations.

Activities that fall under the scope of the law include being a member of a banned group, attending or promoting its meetings, managing its affairs, or taking part in its activities. Further, the legislation grants authorities the power to evict individuals from premises used by these groups and confiscate any movable property found there.

Before an organisation is officially outlawed, an advisory board established under the law must review and approve the government’s decision. The ban takes effect only after this review is complete.

The bill also places limitations on judicial intervention.

Courts cannot review government actions under the law except in cases involving forfeiture of funds, which can be challenged only before the High Court.

While the bill has drawn criticism from some quarters over concerns of potential misuse, the Devendra Fadnavis government has defended it, stating that the legislation is necessary to counter threats to public safety and law and order unique to Maharashtra.